Ordinance No. 2019-05 Amending Section Entitled Removal of Canine Fecal Matter; Canines to be Leashed - April 2, 2019 ORDINANCE NO. 2019-05
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 10, ENTITLED "ANIMALS," OF THE CITY CODE BY
AMENDING SECTION 10-1, ENTITLED "REMOVAL OF CANINE FECAL
MATTER; CANINES TO BE LEASHED"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura (the "City") Commission finds that Section 10-1
of the City Code should be amended to provide for exceptions to the leashing
requirement in certain public places and exceptions for service animals; and
WHEREAS, the City Commission finds that increasing the amount of fines for
violating City Code Section 10-1 will improve compliance and deter future violations; and
WHEREAS, the City Commission finds that this amendment improves the quality
of life within the City and is in the best interest of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS1:
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. City Code Amended. That Section 10-1, entitled "Removal of
canine fecal matter; canines to be leashed," of Chapter 10 of the City Code is hereby
amended to read, as follows:
Chapter 10 — ANIMALS
Sec. 10-1. - Removal of canine fecal matter; canines to be leashed.
(a) Removal of fecal matter required. It shall be unlawful for any owner or person
in control or having custody of any canine to fail to remove the fecal matter of
such animal from:
(1) The street, sidewalk, swale, bikepath, park area or any other public
property; or
(2) Any private property not belonging to the owner or person having
custody of the canine.
1 Additions to existing City Code text are indicated by underline; deletions from existing City Code text are
indicted by strikcthrough.
City of Aventura Ordinance No. 2019-05
(b) Disposal of fecal matter. For the purpose of this section, all fecal matter shall
be immediately removed by placing such matter in a bag, wrapper, or closed
or sealed container and thereafter disposing of it in a trash receptacle, sanitary
disposal unit or other closed or sealed container.
(c) Responsibility of property owners. Any person owning or leasing any private
property in the City is responsible for maintaining such property in an odor-
free and sanitary condition in accordance with this section.
(d) Canines to be leashed. It shall be unlawful to take an unleashed canine into,
or to keep any unleashed canine in or upon, any public property in the City,
except into parks or areas within parks which are specifically designated as
dog parks and are authorized by the City for unleashed canines. All canines,
when not on the premises of the owner or the person in control thereof, must
be on a leash under control of a competent person,except as specified above.
(e) Penalty. Notwithstanding the generally applicable civil penalty under City
Code section 2-348(b) or (c), Except as otherwise provided, a violation of this
section shall constitute a civil infraction punishable by the following civil
penalties lac-subject to the issuance of a citation, and shall be subject to:
(1) A fine not exceeding $25.00$75.00 for a first violation;
(2) A fine not exceeding $00-.00$150.00 for a second violation within one
year of the first violation; and
(3) A fine not exceeding $100.00$500 for each additional violation within
one year of the second or subsequent violation.
(f) Exceptions. This section shall not apply to blind persons accompanied by a
guide dog used for their assistance or any service animal trained and certified
to work or perform tasks for an individual with a disability so long as such
service animal is handled in compliance with Section 413.08, Florida Statutes.
(g) Application of Section. In applying this section, the owner of a unit in a
condominium development, who owns an undivided interest in the common
elements of the condominium by virtue of ownership of a unit, shall not be
considered to be the owner or person in control of private property or premises
for the purposes of the interpretation, application, and enforcement of this
section.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
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City of Aventura Ordinance No. 2019-05
Section 4. Inclusion in the Code. That it is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be made
a part of the Code of the City of Aventura; that the sections of this Ordinance may be re-
numbered or re-lettered to accomplish such intention; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Shelley, who moved its
adoption on first reading. This motion was seconded by Commissioner Landman and
upon being put to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Vice Mayor Dr. Marks, who moved its
adoption on second reading. This motion was seconded by Commissioner Narotsky,
and upon being put to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
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City of Aventura Ordinance No. 2019-05
PASSED on first reading this 12th day of March, 2019.
PASSED AND ADOPTED on second reading on this 2nd day of April, 2019.
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ENID WEISMAN, MAYOR
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ATTEST:
ELLISA L. HORVAT e
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
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